AB 1940 Menopause
Many California employers handle menopause-related issues as a personal matter — not a legal one. That assumption is already risky under current law, and AB 1940 would make it indefensible.
Assemblymember Calderon’s AB 1940 would amend Government Code section 12926 to expressly include perimenopause, menopause, post-menopause, and related medical conditions within FEHA’s definition of “sex.”
If enacted, adverse actions, harassment, and failures to accommodate connected to menopause symptoms would squarely constitute sex discrimination — no ambiguity, no argument.
This matters even before the bill passes. Menopause-related symptoms can already implicate FEHA’s disability protections depending on severity. AB 1940 removes what little gray area remains.
The bill would also require the Civil Rights Department to update its discrimination poster by July 1, 2027, and mandate statewide multilingual outreach on menopause-related workplace rights.
The risk scenarios employers already face: a manager commenting on an employee who seems “off” or distracted; attendance discipline applied without exploring medical leave; performance counseling that begins before anyone asks whether accommodation is needed.
Proactive steps include manager training, reviewing the interactive process, and auditing attendance policies for structural rigidity.
Is your organization ready to handle a menopause-related accommodation request with the same rigor as a pregnancy or disability claim?
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication. This post may be attorney advertising.
Michael Trust Law, APC, 703 Pier Avenue, Ste. B367, Hermosa Beach, CA 90254: michaeltrustlaw.com